Full Statute Name:  Amendment 14, Regulation of Commercial Hog Facilities

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Primary Citation:  Amendment 14, 1998 Country of Origin:  United States Last Checked:  August, 2014 Date Adopted:  1998
Summary: This 1998 Colorado Ballot Measure created additional regulations for large-scale hog producers. The goal was to better curb the waste run-off from such facilities. It passed in the 1998 election with 64.2% of the vote.
Statute Text: 

Colorado General Assembly, Legislative Council

Analysis of 1998 Ballot Proposals

This proposal repeals and reenacts an existing section of the Colorado Revised Statutes and is shown in regular type.

 

Amendment 14

Regulation of Commercial Hog Facilities

Title

An amendment to the Colorado Revised Statutes concerning regulation of housed commercial swine feeding operations which can house 800,000 or more pounds of swine or which are deemed commercial under local law, and, in connection therewith, conditioning operation, construction, or expansion of a housed commercial swine feeding operation on receipt of an individual discharge permit from the department of public health and environment; directing the water quality control commission to adopt rules regarding the construction, operation, and management of and waste disposal by such operations; providing that such rules shall require that land application of waste from such operations shall not exceed the nutritional requirements of the plants on that land and shall minimize runoff and seepage of such waste; providing that such rules shall require that such operations not be permitted to degrade the physical attributes or value of state trust lands, make immediate reports of spills or contamination to state and county health departments, and monitor land-applied waste from such operations and report thereon to the state health department; authorizing fees on such operations to offset direct and indirect costs of the program; authorizing local governments to impose more restrictive requirements; requiring that such operations employ technology to minimize odor emissions; requiring operations to cover waste impoundments that do not use air or oxygen in their waste treatment method, and to recover, incinerate, or manage odorous gases therefrom; establishing minimum distances between new land waste application sites or impoundments and occupied dwellings, schools, and municipal boundaries; and providing for enforcement of these provisions by the state or any person who may be adversely affected.

Text

BE IT ENACTED BY THE PEOPLE OF THE STATE OF COLORADO:

SECTION 1. Part 5 of article 8 of title 25, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

25-8-501.1. Permit required for point source water pollution control - definitions - housed commercial swine feeding operations - legislative declaration. (1) THE PEOPLE OF THE STATE OF COLORADO HEREBY FIND, DETERMINE, AND DECLARE THAT THE ADVENT OF LARGE HOUSED COMMERCIAL SWINE FEEDING OPERATIONS IN COLORADO HAS PRESENTED NEW CHALLENGES TO ENSURING THAT THE QUALITY OF THE STATE'S ENVIRONMENT IS PRESERVED AND PROTECTED. AS DISTINGUISHED FROM MORE TRADITIONAL OPERATIONS THAT HISTORICALLY HAVE CHARACTERIZED COLORADO'S LIVESTOCK INDUSTRY, LARGE HOUSED SWINE FEEDING OPERATIONS USE SIGNIFICANT AMOUNTS OF PROCESS WATER FOR FLUSHING AND DISPOSING OF SWINE WASTE, COMMONLY STORE THIS WASTE IN LARGE IMPOUNDMENTS, AND DISPOSE OF IT THROUGH LAND APPLICATION. THE WASTE STORAGE, HANDLING AND DISPOSAL BY SUCH OPERATIONS ARE PARTICULARLY ODOROUS AND OFFENSIVE. THE PEOPLE FURTHER FIND THAT IT IS NECESSARY TO ENSURE THAT THE STORAGE AND LAND APPLICATION OF WASTE BY HOUSED COMMERCIAL SWINE FEEDING OPERATIONS IS DONE IN A RESPONSIBLE MANNER, SO AS NOT TO ADVERSELY IMPACT COLORADO'S VALUABLE AIR, LAND AND WATER RESOURCES.

(2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "AGRONOMIC RATE OF APPLICATION" MEANS THE RATE OF APPLICATION OF NUTRIENTS TO PLANTS THAT IS NECESSARY TO SATISFY THE PLANTS' NUTRITIONAL REQUIREMENTS WHILE STRICTLY MINIMIZING THE AMOUNT OF NUTRIENTS THAT RUN OFF TO SURFACE WATERS OR WHICH PASS BELOW THE ROOT ZONE OF THE PLANTS, AS SPECIFIED BY THE MOST CURRENT PUBLISHED FERTILIZER SUGGESTIONS OF THE COLORADO STATE UNIVERSITY COOPERATIVE EXTENSION SERVICE FOR THE PLANTS, OR MOST CLOSELY RELATED PLANT TYPE, TO WHICH THE NUTRIENTS ARE APPLIED.

(b) "HOUSED COMMERCIAL SWINE FEEDING OPERATION" MEANS A HOUSED SWINE FEEDING OPERATION THAT IS CAPABLE OF HOUSING EIGHT HUNDRED THOUSAND POUNDS OR MORE OF LIVE ANIMAL WEIGHT OF SWINE AT ANY ONE TIME OR IS DEEMED A COMMERCIAL OPERATION UNDER LOCAL ZONING OR LAND USE REGULATIONS. TWO OR MORE HOUSED SWINE CONFINED FEEDING OPERATIONS SHALL BE CONSIDERED TO COMPRISE A SINGLE HOUSED COMMERCIAL SWINE FEEDING OPERATION IF THEY ARE UNDER COMMON OR AFFILIATED OWNERSHIP OR MANAGEMENT, AND ARE ADJACENT TO OR UTILIZE A COMMON AREA OR SYSTEM FOR MANURE DISPOSAL, ARE INTEGRATED IN ANY WAY, ARE LOCATED OR DISCHARGE WITHIN THE SAME WATERSHED OR INTO WATERSHEDS THAT ARE HYDROLOGICALLY CONNECTED, OR ARE LOCATED ON OR DISCHARGE ONTO LAND OVERLYING THE SAME GROUNDWATER AQUIFER.

(c) "HOUSED SWINE FEEDING OPERATION" MEANS THE PRACTICE OF RAISING SWINE IN BUILDINGS, OR OTHER ENCLOSED STRUCTURES WHEREIN SWINE OF ANY SIZE ARE FED FOR FORTY-FIVE DAYS OR LONGER IN ANY TWELVE-MONTH PERIOD, AND CROP OR FORAGE GROWTH OR PRODUCTION IS NOT SUSTAINED IN THE AREA OF CONFINEMENT.

(d) "PROCESS WASTEWATER" MEANS ANY PROCESS-GENERATED WASTEWATER USED IN A HOUSED COMMERCIAL SWINE FEEDING OPERATION, INCLUDING WATER USED FOR FEEDING, FLUSHING, OR WASHING, AND ANY WATER OR PRECIPITATION THAT COMES INTO CONTACT WITH ANY MANURE, URINE, OR ANY PRODUCT USED IN OR RESULTING FROM THE PRODUCTION OF SWINE.

(3) NO PERSON SHALL OPERATE, CONSTRUCT, OR EXPAND A HOUSED COMMERCIAL SWINE FEEDING OPERATION WITHOUT FIRST HAVING OBTAINED AN INDIVIDUAL DISCHARGE PERMIT FROM THE DIVISION.

(4) ON OR BEFORE MARCH 31, 1999, THE COMMISSION SHALL PROMULGATE RULES NECESSARY TO ENSURE THE ISSUANCE AND EFFECTIVE ADMINISTRATION AND ENFORCEMENT OF PERMITS UNDER THIS SECTION BY JULY 1, 1999. SUCH RULES SHALL INCORPORATE THE PRECEDING SUBSECTION (3) AND SHALL, AT A MINIMUM, REQUIRE:

(a) THAT THE OWNER OR OPERATOR OF A HOUSED COMMERCIAL SWINE FEEDING OPERATION MUST OBTAIN DIVISION APPROVAL OF CONSTRUCTION, OPERATIONS AND SWINE WASTE MANAGEMENT PLANS THAT, FOR ANY LAND WASTE APPLICATION, INCLUDES A DETAILED AGRONOMIC ANALYSIS. SAID PLANS SHALL EMPLOY THE BEST AVAILABLE WASTE MANAGEMENT PRACTICES, PROVIDE FOR REMEDIATION OF RESIDUAL SOIL AND GROUNDWATER CONTAMINATION, AND ENSURE THAT DISPOSAL OF SOLID OR LIQUID WASTE TO THE SOIL NOT EXCEED AGRONOMIC RATES OF APPLICATION;

(b) THAT APPROPRIATE SETBACKS FOR MAINTAINING WATER QUALITY BE ESTABLISHED FOR LAND WASTE APPLICATION AREAS AND WASTE IMPOUNDMENTS;

(c) THAT WASTE IMPOUNDMENTS OR MANURE STOCK PILES SHALL NOT BE LOCATED WITHIN A ONE-HUNDRED-YEAR FLOODPLAIN UNLESS PROPER FLOOD PROOFING MEASURES ARE DESIGNED AND CONSTRUCTED;

(d) THAT THE OWNER OR OPERATOR OF THE HOUSED COMMERCIAL SWINE FEEDING OPERATION SHALL PROVIDE FINANCIAL ASSURANCES FOR THE FINAL CLOSURE OF THE HOUSED COMMERCIAL SWINE FEEDING OPERATION, THE CONDUCT OF ANY NECESSARY POSTCLOSURE ACTIVITIES, THE UNDERTAKING OF ANY CORRECTIVE ACTION MADE NECESSARY BY MIGRATION OF CONTAMINANTS FROM THE HOUSED COMMERCIAL SWINE FEEDING OPERATION INTO THE SOIL AND GROUNDWATER, OR CLEANUP OF ANY SPILL OR BREACH;

(e) THAT THE OWNER OR OPERATOR OF A HOUSED COMMERCIAL SWINE FEEDING OPERATION SHALL ENSURE THAT NO SOLID OR LIQUID WASTE GENERATED BY IT SHALL BE APPLIED TO LAND BY ANY PERSON AT A RATE THAT EXCEEDS, IN AMOUNT OR DURATION, THE AGRONOMIC RATE OF APPLICATION; AND

(f) THAT, BECAUSE WASTE STORAGE AND DISPOSAL BY HOUSED COMMERCIAL SWINE FEEDING OPERATIONS POSE PARTICULAR JEOPARDY FOR STATE TRUST LANDS, IN LIGHT OF THE MANDATE IN THE COLORADO CONSTITUTION, ARTICLE IX, SECTION 10, THAT STATE LAND BOARD TRUST LANDS BE HELD IN TRUST AND BE PROTECTED AND ENHANCED TO PROMOTE LONG-TERM PRODUCTIVITY AND SOUND STEWARDSHIP, THE CONSTRUCTION, OPERATIONS AND WASTE MANAGEMENT PLANS APPROVED FOR HOUSED COMMERCIAL SWINE FEEDING OPERATIONS ON SUCH LANDS, SHALL NOT PERMIT THE DEGRADATION OF THE PHYSICAL ATTRIBUTES OR VALUE OF ANY STATE TRUST LANDS.

(5) ANY SPILL OR CONTAMINATION BY A HOUSED COMMERCIAL SWINE FEEDING OPERATION SHALL BE REPORTED IMMEDIATELY TO THE DIVISION AND THE COUNTY HEALTH DEPARTMENT FOR THE COUNTY IN WHICH THE HOUSED COMMERCIAL SWINE FEEDING OPERATION IS CONDUCTED AND, WITHIN TWENTY-FOUR HOURS AFTER THE SPILL OR CONTAMINATION, A WRITTEN REPORT SHALL BE FILED WITH THE DIVISION AND THE COUNTY HEALTH DEPARTMENT FOR THE COUNTY IN WHICH THE HOUSED COMMERCIAL SWINE FEEDING OPERATION IS CONDUCTED.

(6) HOUSED COMMERCIAL SWINE FEEDING OPERATIONS SHALL SUBMIT TO THE DIVISION AND COUNTY HEALTH DEPARTMENT QUARTERLY, COMPREHENSIVE MONITORING REPORTS AND AGRONOMIC ANALYSES THAT DEMONSTRATE THAT THE OPERATION HAS LAND-APPLIED SOLID AND LIQUID WASTE AT NO GREATER THAN AGRONOMIC RATES. THE DIVISION SHALL REQUIRE THE SAMPLING AND MONITORING OF CHEMICAL AND APPROPRIATE BIOLOGICAL PARAMETERS TO PROTECT THE QUALITY AND EXISTING AND FUTURE BENEFICIAL USES OF GROUNDWATER INCLUDING, AT A MINIMUM, NITROGEN, PHOSPHORUS, HEAVY METALS, AND SALTS. AT A MINIMUM, THE MONITORING PROGRAM SHALL INCLUDE QUARTERLY SAMPLES, ANALYSIS AND REPORTING OF THE GROUNDWATER, SOILS WITHIN THE ROOT ZONE AND SOILS BENEATH THE ROOT ZONE WITHIN EACH WASTE APPLICATION SITE, AND SHALL ALSO INCLUDE MONITORING TO ENSURE THAT NO EXCESSIVE SEEPAGE OCCURS FROM ANY WASTE IMPOUNDMENTS.

(7) THE DIVISION SHALL ASSESS A HOUSED COMMERCIAL SWINE FEEDING OPERATION AN ANNUAL PERMIT FEE, NOT TO EXCEED 20 CENTS PER ANIMAL, BASED ON THE OPERATIONS WORKING CAPACITY TO OFFSET DIRECT AND INDIRECT COSTS OF THE PROGRAM. AS USED IN THIS PARAGRAPH (A), "WORKING CAPACITY" MEANS THE NUMBER OF SWINE THAT THE HOUSED COMMERCIAL SWINE FEEDING OPERATION IS CAPABLE OF HOUSING AT ONE TIME.

(8) THE DIVISION SHALL ENFORCE THE PROVISIONS OF THIS SECTION AND SHALL TAKE IMMEDIATE ENFORCEMENT ACTION AGAINST ANY HOUSED COMMERCIAL SWINE FEEDING OPERATION THAT HAS EXCEEDED THE AGRONOMIC RATE LIMIT OF THIS SECTION. IN ADDITION, ANY PERSON WHO MAY BE ADVERSELY AFFECTED BY A HOUSED COMMERCIAL SWINE FEEDING OPERATION MAY ENFORCE THESE PROVISIONS DIRECTLY AGAINST THE OPERATION BY FILING A CIVIL ACTION IN THE DISTRICT COURT IN THE COUNTY IN WHICH THE PERSON RESIDES.

(9) THESE PROVISIONS SHALL NOT PRECLUDE ANY LOCAL GOVERNMENT FROM IMPOSING REQUIREMENTS MORE RESTRICTIVE THAN THOSE CONTAINED IN THIS SECTION.

SECTION 2. 25-8-504, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

25-8-504. Agricultural wastes. (4) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT THE REQUIREMENT OF PERMITS FOR HOUSED COMMERCIAL SWINE FEEDING OPERATIONS PURSUANT TO SECTION 25-8-501.1.

SECTION 3. Part 1 of article 7 of title 25, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

25-7-138. Housed commercial swine feeding operations - waste impoundments - odor emissions. (1) ALL NEW OR EXPANDED ANAEROBIC PROCESS WASTEWATER VESSELS AND IMPOUNDMENTS, INCLUDING, BUT NOT LIMITED TO, TREATMENT OR STORAGE LAGOONS, CONSTRUCTED OR UNDER CONSTRUCTION FOR USE IN CONNECTION WITH A HOUSED COMMERCIAL SWINE FEEDING OPERATION AS DEFINED IN SECTION 28-8-501.1(2)(b) SHALL BE COVERED SO AS TO CAPTURE, RECOVER, INCINERATE, OR OTHERWISE MANAGE ODOROUS GASES TO MINIMIZE, TO THE GREATEST EXTENT PRACTICABLE, THE EMISSION OF SUCH GASES INTO THE ATMOSPHERE. AS USED IN SECTION 25-7-138, "ANAEROBIC" MEANS A WASTE TREATMENT METHOD THAT, IN WHOLE OR IN PART, DOES NOT UTILIZE AIR OR OXYGEN. ALL NEW AEROBIC IMPOUNDMENTS SHALL EMPLOY TECHNOLOGIES TO ENSURE MAINTENANCE OF AEROBIC CONDITIONS OR OTHERWISE TO MINIMIZE THE EMISSION OF ODOROUS GASES TO THE GREATEST EXTENT PRACTICABLE. AS USED IN SECTION 25-7-138, "AEROBIC" MEANS A WASTE TREATMENT METHOD THAT UTILIZES AIR OR OXYGEN.

(2) ON OR BEFORE JULY 1, 1999, ALL EXISTING ANAEROBIC PROCESS WASTEWATER VESSELS AND IMPOUNDMENTS, INCLUDING, BUT NOT LIMITED TO, AERATION TANKS AND TREATMENT OR STORAGE LAGOONS, OWNED OR OPERATED FOR USE IN CONNECTION WITH A HOUSED COMMERCIAL SWINE FEEDING OPERATION AS DEFINED IN SECTION 25-8-501.1(2)(b) SHALL BE COVERED SO AS TO CAPTURE, RECOVER, INCINERATE, OR OTHERWISE MANAGE ODOROUS GASES TO MINIMIZE, TO THE GREATEST EXTENT PRACTICABLE, THE EMISSION OF SUCH GASES INTO THE ATMOSPHERE. BY JULY 1, 1999, ALL EXISTING AEROBIC IMPOUNDMENTS SHALL EMPLOY TECHNOLOGIES TO ENSURE MAINTENANCE OF AEROBIC CONDITIONS OR OTHERWISE TO MINIMIZE THE EMISSION OF ODOROUS GASES TO THE GREATEST EXTENT PRACTICABLE.

(3) THE COMMISSION SHALL BY RULES PROMULGATED ON OR BEFORE MARCH 1, 1999, REQUIRE THAT ALL HOUSED COMMERCIAL SWINE FEEDING OPERATIONS, BY JULY 1, 1999, EMPLOY TECHNOLOGY TO MINIMIZE TO THE GREATEST EXTENT PRACTICABLE OFF-SITE ODOR EMISSIONS FROM ALL ASPECTS OF ITS OPERATIONS, INCLUDING ODOR FROM ITS SWINE CONFINEMENT STRUCTURES, MANURE AND COMPOSTING STORAGE SITES, AND ODOR AND AEROSOL DRIFT FROM LAND APPLICATION EQUIPMENT AND SITES.

(4) NO NEW LAND WASTE APPLICATION SITE OR NEW WASTE IMPOUNDMENT USED IN CONNECTION WITH A HOUSED COMMERCIAL SWINE FEEDING OPERATION, SHALL BE LOCATED LESS THAN:

(a) ONE MILE FROM AN OCCUPIED DWELLING WITHOUT THE WRITTEN CONSENT OF THE OWNER OF THE DWELLING;

(b) ONE MILE FROM A PUBLIC OR PRIVATE SCHOOL WITHOUT THE WRITTEN CONSENT OF THE SCHOOL'S BOARD OF TRUSTEES OR BOARD OF DIRECTORS; AND

(c) ONE MILE FROM THE BOUNDARIES OF ANY INCORPORATED MUNICIPALITY WITHOUT THE CONSENT OF THE GOVERNING BODY OF THE MUNICIPALITY BY RESOLUTION.

AS USED IN THIS SUBSECTION (4), A NEW LAND WASTE APPLICATION SITE AND NEW WASTE IMPOUNDMENT ARE THOSE THAT WERE NOT IN USE AS OF JUNE 1, 1998.

(5) THE DIVISION SHALL ENFORCE THE PROVISIONS OF THIS SECTION. IN ADDITION, ANY PERSON WHO MAY BE ADVERSELY AFFECTED BY A HOUSED COMMERCIAL SWINE FEEDING OPERATION MAY ENFORCE THESE PROVISIONS DIRECTLY AGAINST THE OPERATION BY FILING A CIVIL ACTION IN THE DISTRICT COURT IN THE COUNTY IN WHICH THE PERSON RESIDES.

SECTION 4. 25-7-109(2)(d) and (8), Colorado Revised Statutes, are amended to read:

25-7-109. Commission to promulgate emission control regulations. (2) Such emission control regulations may include, but shall not be limited to, regulations pertaining to:

(d) Odors, except for livestock feeding operations THAT ARE NOT HOUSED COMMERCIAL SWINE FEEDING OPERATIONS AS DEFINED IN SECTION 25-8-501.1(2)(b);

(8) Notwithstanding any other provision of this section, the commission shall not regulate emissions from agricultural production such as farming, seasonal crop drying, animal FEEDING OPERATIONS THAT ARE NOT HOUSED COMMERCIAL SWINE FEEDING OPERATIONS AS DEFINED IN SECTION 25-8-501.1(2)(b), and pesticide application; except that the commission shall regulate such emissions if they are "major stationary sources", as that term is defined in 42 U.S.C. sec. 7602 (j), or are required by Part C (prevention of significant deterioration), Part D (nonattainment), or Title V (minimum elements of a permit program), or are participating in the early reduction program of section 112 of the federal act, or is not required by section 111 of the federal act, or is not required for sources to be excluded as a major source under this article.

Analysis of Amendment 14

Colorado General Assembly, Legislative Council

Analysis of 1998 Ballot Proposals

The Legislative Council takes no position with respect to the merits of the proposals. In listing the "arguments for" and "arguments against," the Council is merely describing the arguments relating to the proposals. The quantity or quality of the "for" or "against" paragraphs listed for the proposals should not be interpreted as an indication of the Legislative Council position.

Amendment 14

REGULATION OF COMMERCIAL HOG FACILITIES

The proposed amendment to the Colorado Revised Statutes:

* further regulates the construction and operation of large, commercial hog facilities and the disposal of manure and wastewater from these facilities to minimize odor and water pollution;

* further restricts how manure and wastewater are applied to crops or land;

* requires commercial hog facilities to obtain state permits for discharge of wastewater and

* provides funding for enforcement of permit conditions;

* requires the state to regulate odor from hog facilities;

* prevents new waste application sites and waste storage tanks from being less than one mile from

* neighboring towns, homes, and schools, unless consent is given by nearby property owners and

* local governments; and

* allows local governments to impose regulations for hog facilities that are tougher than those contained in this proposal.

Background

There has been a steady increase in hog production in Colorado since 1990 due, in part, to an influx of large, commercial hog facilities. Although Colorado does not keep records on the number of hog facilities in the state, a majority are located in eastern Colorado. Hog farms with a minimum of 800,000 pounds of swine (approximately 2,000 to 5,000 hogs, depending on the type of facility) would be affected by this proposal. This proposal deals primarily with potential water contamination and odor issues resulting from manure and wastewater produced by large numbers of hogs.

Manure and wastewater produced by hogs are flushed from the area where the hogs are housed into pits called "lagoons" or storage tanks that are required to limit seepage. Manure and wastewater may then be recycled and used by farmers to fertilize crops. However, if too much waste is applied to land, it may seep through the soil and contaminate the ground water. Contaminated water can be dangerous to humans and animals under certain circumstances. Odor from hog waste is emitted from lagoons and sometimes when waste is being sprayed onto land as fertilizer.

Regulation of large hog farms. The federal government has general water quality regulations, but no specific requirements for constructing large hog facilities or for managing the animal waste produced at these facilities. Few federal regulations protecting ground water exist and those that do are not applicable to the ground water in eastern Colorado. The state has regulations for ground water quality, the construction of waste storage lagoons at large hog facilities and the application of waste from these facilities to land in Colorado. However, there is no permit required for these facilities, so the state's ability to enforce water quality regulations is limited. In Colorado, some local governments have adopted zoning regulations pertaining to all livestock feeding operations. There are no federal or state laws regarding odor from any livestock facility. The primary differences between existing state regulations and this proposal are that large hog farms would have to pay a fee to support a state program to ensure compliance with clean water laws; conduct independent water quality monitoring and file quarterly reports with the state and county; and install covers on most existing waste storage lagoons to minimize odor.

The United States Congress is considering legislation that sets standards for using animal waste to fertilize land. In addition, the United States Environmental Protection Agency is developing regulations to minimize water pollution from large confined animal feeding facilities. If the federal regulations take effect, Colorado's existing regulations may need to be adjusted.

Other states' regulation of large hog farms. The laws regulating large hog feeding facilities vary widely among states. Wyoming, Oklahoma, and other states have adopted laws and regulations specific to hog facilities. In South Dakota, counties may adopt zoning regulations, including the requirement that all new hog facilities be located at least four miles from homes or cities. North Carolina and Mississippi put a temporary hold on the construction of most new hog facilities until applicable statutes or regulations can be implemented. Some states require hog farms to control odor using various methods. No state requires specifically that hog farms cover lagoons.

Arguments For

1) Manure and wastewater produced by hog facilities have the potential to contaminate drinking water. This proposal would minimize that potential by requiring the affected hog facilities to monitor water quality and pay a permit fee to help defray the costs of enforcing water quality laws. In addition, these facilities would have to provide financial assurance such as a bond to ensure the clean-up of any pollution caused during the course of their operations. The costs of compliance with the measure are commensurate with the costs of regulations in other states and part of the normal costs of operating a responsible business.

2) The odor from large hog facilities can be unbearable for nearby residents. Odor problems may arise from waste storage lagoons and the spraying of waste onto crops. To minimize odor, this proposal requires that hog facilities cover storage lagoons and that new hog facilities be at least one mile from a house, school, or city, unless they get consent from the affected parties.

3) Colorado's current resources and regulations regarding hog facilities are inadequate to protect public health and environmental quality. The state must hold hog facilities accountable for the odor and potential ground water contamination they may cause. This proposal gives Colorado the regulatory structure and funding to protect its water resources and the quality of life for its residents.

Arguments Against

1) This proposal may drive some existing hog producers out of business because of the expense of complying with its requirements, such as paying permit fees and installing covers for lagoons. These facilities promote the economic prosperity of the state, particularly in rural areas where jobs with benefits are scarce and where schools and other local government services are funded from a limited tax base. Finally, these hog farms provide an important source of income to other industries such as corn and grain growers who produce food for hogs.

2) This proposal is unnecessary because hog facilities are already required to comply with federal and state water quality regulations. For example, hog facilities must line their lagoons to minimize seepage. By requiring the use of specific odor control measures such as covering lagoons, the proposal limits the use of other methods and new technologies that may be more effective.

3) Hog farms are targeted unfairly by this proposal. No other livestock producer is made to comply with such strict standards. For example, only the affected hog farms would have to contain odors by covering some lagoons and provide quarterly water quality reports to the state and county. This requirement gives an unfair advantage to other livestock industries that do not have to comply with such expensive requirements.

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